- (1.) A free-hold residential site No. 25, Street 'd' Sector 21-A Chandigarh (House No. 341 ). R. P. 2898 was transferred in favour of the petitioner Ptoceedings under Section 8-A of the Capital of Punjab (Development and Regulaton) Act, 1952, (for short 'the 1952 Act') were initiated against the petitioner by the Estate Officer. Chandigarh, on the ground that the said house was being misused as a commercial Guest House. The Estate Officer by order dated January 1, 1975 ordered the resumption of the site besides imposing other penalties. Appeal against this order was dismissed by the Chief Administrator by order dated October 14, 1977. Revision Petition filed by the petitioner before the Chief Commissioner, Chandigarh was also dismissed by order dated July 30, 1979. This order of resumption thus, became final. In the meantime, proceedings were initiated against the petitioner under the Public Premises (Eviction of Unauthorised Occupants Act, 1971) (for short 'the 1971 Act') as he became an unauthorised occupant after the passing of resumption order. The Estate Officer after service of notice passed an order of eviction under Section 5 (1) of the 1971 Act. Appeal against the order of the Estate Officer was dismissed by the learned District Judge, Chandigarh. The matter did not rest here. The petitioner then filed a writ petition against the order of his eviction which was also dismissed inlimine by this Court Civil Appeal No. 9102 of 1991 against the order of the High Court was dismissed by the Supreme Court by order dated March 13, 1992. The petitioner was granted one year's time to vacate the house in question provided he furnishes an undertaking before the Estate Officer to hand over the vacant possession of the same and that he shall not allow any person to occupy the house in any matter. The petitioner having not filed the undertaking, as directed by the Supreme Court, possession of the premises was taken over by the Estate Officer.
(2.) THE petitioner thereafter moved an application under Rule 11-D of Chandigarh (Sale of Sites and Buildings Rules, 1960 (for short 'the Rules') for re-transfer of the house in question. Another application under Rule 11-D (5) of the Rules was also filed for condonation of delay in filing the application for re-transfer.
(3.) THESE applications were considered by the Assistant Officer exercising the powers of the Estate Officer, Union Territory, Chandigarh. Application for condonation of delay was dismissed being barred by time i. e. by about 13 years and there being no good or sufficient reason for not moving the application for-re-transfer within a period of six months. The application for re-transfer was also considered on merits and was dismissed by observing that the petitioner did not stop mis-user till he was evicted under the provisions of the 1971 Act. The petitioner has thus, through this writ petition, challenged the order Annexure P-17 refusing to re-transfer the property in question under Rule 11-D of the Rules;